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Supreme Court affirms decision to strike out law on marijuana cultivation in Ghana



The Attorney General however filed processes asking the court to review its decision. Mr Dame told the court the original panel committed an error of law.

“Fundamental and grave errors have occasioned a substantial miscarriage of justice. It is only at the beginning of the process that there must be a memorandum.

“There is no requirement for a memorandum to further accompany any amendment made by Parliament. Such a reading of the law imposes a further burden on Parliament and curtails its autonomy in passing laws, Mr Dame stated.

The lawyer for the private citizen Effiba Amihere disagreed.

“No miscarriage of justice has been occasioned by the decision of the court. We will respectfully talk about the amendment which is section 43, that was sneaked in at the time that the full debate had concluded.

“That it was contrary to the Constitution. The AG has said that in amending the law, there is no need for the memorandum, the issues as well as the departure from the national policy, the position do the plaintiff is that, at the time of the debate, this particular amendment that was sneaked in, was not part. The nation was not made aware of the clear change in the policy.” She stated.

Justice Jones Dotse ruled that the review threshold of the court had not been met. Justices Jones Dotse, Prof Kotey, Mariama Owusu, Prof Henrietta Mensah Bonsu, and Emmanuel Kulendi formed the majority while Justices Lovelace Johnson, Amadu Tanko, Samuel Asiedu and George Koomson formed the minority.

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